Introduction:

The Union Government in August 2019 abrogated Article 370 and Article 35A of the Constitution which grants special status to J&K. The government also decided to bifurcate the state into two Union territories – Jammu and Kashmir, which will have a legislature, and Ladakh, which will be without a legislature.

Body:

Security imperatives:

• Government’s rationale of extending all the laws of the union to J&K was one of the major reasons.
• This would help alleviate the poverty and improve the socio-economic conditions of the people which can curb the violence in the J&K.
• Poverty has helped the extra-state actors and other perpetrators to spread the terror activities further leading into a vicious cycle. E.g.: Pulwama attack, innumerable suicide and fidayeen attacks in mosques and religious places.
• With the law and order now completely under the central government, it helps in better safety and security measures of the people.
• It also helps in better resource mobilization to tackle the cease-fire violations of Pakistan in the LoC region.

Violation of human rights:

• The clamp down of J&K in the garb of security has led to attack on the normal lives of people of J&K.
• the decimation of law, the suspension of habeas corpus, and the near permanent state of emergency practised in Kashmir has imperilled the liberties of Kashmiris.
• The use of Public Security Act and high number of preventive detentions to maintain peace and harmony goes against the ethos of democracy.
• Internet services and mobile services have been suspended in several places and all public gatherings are banned in Srinagar district. This affects the right to freedom of speech and expression of an individual.
• The shut-down of schools and colleges has affected the children and youth which is a violation of fundamental right.
• The scenario of how Pakistan’s persecution of its minorities has deeply distorted its nature and character can act as a example for India.

Security measures v/s Human rights violation:

The founding fathers of the Republic favoured a strong Centre, but they were also prudent in seeking the route of persuasion and accommodation towards linguistic and religious minorities in the interest of national integration. The special status of J&K was never meant to be permanent, but it should not have been scrapped without wider consultations.

Ending Jammu & Kashmir’s special status in the Indian Union, the government has extended all provisions of the Constitution to the State in one go, downsized the State into two Union Territories and allowed all citizens to buy property and vote in the State.

True, the special status of J&K was meant to end, but only with the concurrence of its people. The Centre’s abrupt move disenfranchised them on a matter that directly affected their life and sentiments. Moreover, that this was done after a massive military build-up and the house arrest of senior political leaders, and the communications shutdown reveals a cynical disregard of democratic norms.

The entire region has geostrategic importance considering its gives access to Afghanistan, China and Central Asia. Therefore apart from our domestic interest it is extremely critical region. And it good to keep under the control of central government, which allow the government to secure the security in the region is paramount over the other peculiar interest.

Conclusion:

Government decision to revoke Article 370, scrap Article 35A and reorganise J&K (into two Union territories) will go down as one the most audacious decisions taken since Independence. The challenge, now, will be to ensure that the ownership for such a move is taken by the real stakeholders, the state’s people.